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Toppling Caligula’s Column: Seeking a Viable, Durable WOTUS Rule

On December 7, 2021, EPA and the Army Corps of Engineers jointly issued a formal Proposed Rule to define “waters of the United States” (WOTUS) regulated under the Clean Water Act (CWA). Comments on the proposal are due by...more

Three Steps Back – DOJ Restrictions on Use of SEPs Are Misguided and Counter-Productive

The U.S. Department of Justice (DOJ) has taken three steps since June 2017 through August 2019 that severely limit the use of Supplemental Environmental Projects (SEPs) in civil environmental settlements. Those actions are...more

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